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10 Am. J. Trial Advoc. 15 (1986-1987)
Storytelling in Opening Statements: Framing the Argumentation of the Trial

handle is hein.journals/amjtrad10 and id is 25 raw text is: Storytelling in Opening Statements:
Framing the Argumentation of the Trial
Kathryn Holmes Snedakert
Opening statements in judicial proceedings are unique speech situ-
ations. As a type of argumentation, the opening statement presents a
very special case. Opening statements cannot, according to trial pro-
cedure, be argumentative. The United States Supreme Court has limited
opening statements to informing the jurors concerning the nature of
the action and the issues involved and to giving them an outline of
the case so that they can better understand the testimony.' While restrained
to a role technically nonargumentative, the opening statement is the
anticipation and promise of what is to come. The opening statement
is therefore the quintessence of argument, for this segment of the trial
must persuade without appearing to do so.' For these reasons, the
valve of the opening statement's subtle persuasion to the trial attorney
is easily understood.
The opening statement can be one of the most important phases of
the persuasion process and the most significant aspect of any trial.
Effective advocates suggest that an opening statement can win any
lawsuit.' This school of thought suggests there is no single tool which
has more potential for persuasion than the opening statement.4 Opening
statements, some attorneys contend, are the most important statements
a lawyer will make in a case.' One suggests that if faced with the
necessity of choosing a time to speak-to argue a case to the jury-
make that time the opening statement as opposed to the closing
argument.6 Others claim   the opening statement is the most valuable
t J.D. (1987), University of New Mexico; M.A. (1984) University of New Mexico;
B.A. (1980), University, Utah. A similar version of this article will appear in the forth-
coming book entitled COMMUNICATION STRATEGIES AND THE LITIGATION PROCESS, (Southern
Illinois Univ. press, 1988).
1. State of Arizona v. Washington, 434 U.S. 497, 98 S. Ct. 824, 54 L. Ed. 2d 717
(1978).
2. M. WESSELL, RULE OF REASON 189 (1976).
3. A. JUJLIEN, OPENING STATEMENTS 1 (1980).
4. Sumpter, A Trial Lawyer's Greatest Tool: The Opening Statement, 12 TRIAL
LAW Q. 34 (1978).
5. Spangenberg, Basic Values and the Techniques of Persuasion, 3 LITIGATION 13
(1977).
6. Spangenberg, What I Try to Accomplish in an Opening Statement, in OPENING
STATEMENTS AND CLOSING ARGUMENTS 3-11 (G. Holmes ed. 1983).

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